Thursday, October 16, 2008

Suicide Attacks, Terrorism and Lal Mosque - IV

--- Lal Gehi wrote:

I think, this violence is hurting people of Pakistan, more than their targeted enemy. It is time to pick up pieces and build the country together with peace and harmony with all the people of Pakistan. The destruction and unrest in the country,will only hurt construction of Pakistan.

Lal Gehi

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Dear Jumshade Sahab and Saeen Lal Sahab,

Since 911 many amongst who died in such incidents were Children and Women in Pakistan and around the world as well:

For that cause We decreed for the Children of Israel that whosoever killeth a human being for other than manslaughter or corruption in the earth, it shall be as if he had killed all mankind, and whoso saveth the life of one, it shall be as if he had saved the life of all mankind. Our messengers came unto them of old with clear proofs (of Allah's Sovereignty) , but afterwards lo! many of them became prodigals in the earth. [AL-MAEDA (THE TABLE, THE TABLE SPREAD) Chapter 5: Verse 32]

It is narrated on the authority of 'Abdullah that a woman was found killed in one of the battles fought by the Messenger of Allah (may peace be upon him). He disapproved of the killing of women and children. [Muslim]

It is narrated by Ibn 'Umar that a woman was found killed in one of these battles; so the Messenger of Allah (may peace be upon him) forbade the killing of women and children.[Muslim]

Even in a declared war, certain rules must be followed:

The Holy Prophet (may peace be upon him) has given clear instructions about the behaviour of the Muslim army. He observed:

"Set out for Jihad in the name of Allah and for the sake of Allah. Do not lay hands on the old verging on death, on women, children and babes. Do not steal anything from the booty and collect together all that falls to your lot in the battlefield and do good, for Allah loves the virtuous and the pious."

So great is the respect for humanly feelings in Islam that even the wanton destruction of enemy's crops or property is strictly forbidden. The righteous Caliphs followed closely the teachings of Allah and those of His Apostle in letter and spirit the celebrated address which the first Caliph Abu Bakr (Allah be pleased with him) gave to his army while sending her on the expedition to the Syrian borders is permeated with the noble spirit with which the war in Islam is permitted. He said:

"Stop, O people, that I may give you ten rules for your guidance in the battlefield. Do not commit treachery or deviate from the right path. You must not mutilate dead bodies. Neither kill a child, nor a woman. nor an aged man. Bring no harm to the trees, nor burn them with fire, especially those which are fruitful. Slay not any of the enemy's flock. save for your food. You are likely to pass by people who havedevoted their lives to monastic services; leave them alone"

It is said that once at the time of conquest, a singing girl was brought to al-Muhajir b. Abu Umayya who had been publicly singing satirical poems about Hadrat Abu Bakr. Muhajir got her hand amputated. When the Caliph heard this news, he was shocked and wrote a letter to Muhajir in the following words:

"I have learnt that you laid hands on a woman who had hurled abuses on me, and, therefore, got her hand amputated. God has not sought vengeance even in the case of polytheism, which is a great crime. He has not permitted mutilation even with regard to manifest infidelity. Try to be considerate and sympathetic in your attitude towards others in future. Never mutilate, because it is a grave offence. God purified Islam and the Muslims from rashness and excessive wrath. You are well aware of the fact that those enemies fell into the hands of the Messenger of Allah (may peace be upon him) who had been recklessly abusing him; who had turned him out of his home; and who fought against him, but he never permitted their mutilation."

Another letter written by hadrat 'Umar the Second Caliph, which is addressed to Sa'd b. Abu Waqqas, speaks eloquently of the noble spirit with which the Muslims have bear exhorted to take up arms:

"Always search your minds and hearts and stress upon your men the need of perfect integrity and sincerity in the cause of Allah. There should be no material end before them in laying down their lives. but they abould deem it a means whereby they can please their Lord and entitle them. selves to His favour: such a spirit of selflessness should be inculcated in the minds of those who unfortunately lack it. Be firm in the thick of the battle as Allah helps man according to the perseverance that he shows in the cause of His faith and he would be rewarded in accordance with the spirit of sacrifice which he displays for the sake of the Lord. Be careful that those who have been entrusted to your care receive no harm at your hands and are never deprived of any of their legitimate rights."

WHAT IS GOING ON IN PAKISTAN IS HIRABA [means killing people, robbing their money or raping women by an armed group of people]

The punishment for those who wage war [yuharibuna] against God and His Prophet, and perpetrate disorders in the land is: kill or crucify them, or have a hand on one side and a foot on the other cut off or banish them from the land (Quran 5:33).

Hands and legs to be cut off and their eyes to be branded with heated iron pieces and they were thrown at Al-Harra, and when they asked for water to drink, they were not given water. (Bukhari)

Hiraba is another hadd crime defined in the Quran. It is variously translated as "forcible taking," "highway robbery," "terrorism," or "waging war against thestate."

Islamic legal scholars have interpreted this crime to be any type of forcible assault upon the people involving some sort of taking of property.74 It differs from ordinary theft in that the Quranic crime of theft (sariqa) is a taking by stealth whereas hiraba is a taking by force (Doi 1984, 250, 254; El-Awa 1982, 7). (Thus, the popular translation as "armed robbery.") Although it is generally assumed to be violent public harassment, many scholars have held that it is not limited to acts committed in public places (Sabiq 1993, 2:447).

It is in the discussions of the crime of hiraba where the crime of rape appears. A brief review of the traditional descriptions of hiraba reveals that rape is specifically included among its various forms. For example, in Fiqh-us-Sunnah, a modern summary of the primary traditional schools of thought on Islamic law, hiraba is described as: a single person or group of people causing public disruption, killing, forcibly taking property or money, attacking or raping women ("hatk al arad"), killing cattle, or disrupting agriculture (Sabiq 1993, 450). Reports of individual scholars on the subject further confirm the hiraba classification of rape.

Al-Dasuqi, for example, a Maliki jurist, held that if a person forced a woman to have sex, their actions would be deemed as committing hiraba (Doi 1984, 253). In addition, the Maliki judge Ibn Arabi, relates a story in which a group was attacked and a woman in their party raped. Responding to the argument that the crime did not constitute hiraba because no money was taken and no weapons used, Ibn Arabi replied indignantly that "hiraba with the private parts" is much worse than a hiraba involving the taking of money, and that anyone would rather be subjected to the latter than the former (Sabiq 1993, 2:450). The famous Spanish Muslim jurist, Ibn Hazm, a follower of the Zahiri school, reportedly had the widest definition of hiraba, defining a hiraba offender as: [O]ne who puts people in fear on the road, whether or not with a weapon, at night or day, in urban areas or in open spaces, in the palace of a caliph or a mosque, with or without accomplices, in the desert or in the village, in a large or small city, with one or more people . . . making people fear that they'll be killed, or have money taken, or be raped ("hatk al arad") . . . whether the attackers are one or many (Sabiq 1993, 2:450)."